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ARTICLE · 20 MARCH 2019

Wrong place, wrong time, for the fossil fuel industry

Bartier Perry Solicitors
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This decision suggests that any new fossil fuel development in Australia will need a strong offset plan to gain approval.

AustraliaEnvironment
Dennis Loether
Dennis Loether
Charlie Parsons (Formerly With Bartier Perry)
Charlie Parsons (Formerly With Bartier Perry)
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Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 7

A recent decision by Chief Justice Preston of the Land and Environment Court of New South Wales has brought climate change to the forefront of legal discussion.

Background

In 2012, Gloucester Resources Limited (GRL) lodged a development application seeking consent for a coal mine known as the Rocky Hill Coal Project. Its purpose was to produce 21 million tonnes of coal over a period of 16 years.

In 2017 the Planning Assessment Commission, as a delegate of the Minister for Planning, refused the application. Three main reasons were given for the refusal, being zoning issues, visual impact and public interest.

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